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Domain Name Disputes Discuss domain disputes, Nominet DRS or UDRP

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Old 18-11-2007, 10:57:21 AM     #1 (permalink)

 
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Default Transfer

Nominet state 'As an anti-abuse mechanism, Nominet will be able to refer files to a DRS expert if we think there may be an abuse of the DRS. If the expert agreed, the complaint would be rejected.'

Is this not an intepretation of rights by Nominet, something they are adamant they do not do..... abuse can only found if the registrant has no rights, therefore to make a referral Nominet must be pre-vetting rights. If this happens then I would expect the same consideration before they take money i.e. at the point of registration if Nominet feel the registration is abusive they should be referring the registration to the expert.

Lee
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Old 18-11-2007, 01:40:59 PM     #2 (permalink)

 
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Out of interest when does this default transfer start?
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Old 19-11-2007, 02:26:40 PM     #3 (permalink)

 
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Quote:
Originally Posted by landlord View Post
Nominet state 'As an anti-abuse mechanism, Nominet will be able to refer files to a DRS expert if we think there may be an abuse of the DRS. If the expert agreed, the complaint would be rejected.'

Is this not an intepretation of rights by Nominet, something they are adamant they do not do.....
Nominet deciding if there "may be an abuse of the DRS" has nothing to do with whether or not there has been abuse of a domain.

Given the title of this thread, I assume you have got this from a page to do with the Default Transfer. As such, take this scenario:

Complainant sends in 100 Speculative DRS Complaints for 100 different domains reg'd to 100 different people.

1 of those people do not respond for whatever reason.

Under the default transfer, the complainant would be able to get that domain even if the complaint just said "I want it".

If Nominet look at this and think it is an abuse of the DRS, they can refer it to an Expert to throw out the complaint instead of it going to default transfer.


Quote:
Originally Posted by landlord View Post
abuse can only found if the registrant has no rights, therefore to make a referral Nominet must be pre-vetting rights.
Given the default transfer, no abuse needs to be proven if there is no response.

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Originally Posted by landlord View Post
If this happens then I would expect the same consideration before they take money i.e. at the point of registration if Nominet feel the registration is abusive they should be referring the registration to the expert.
Lee
I refer you to my numerous previous posts in reply to you never ending demand for Nominet to 'pre-vet' all domains.
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Old 19-11-2007, 03:55:49 PM     #4 (permalink)

 
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for fred

Fred you say 'Complainant sends in 100 Speculative DRS Complaints for 100 different domains reg'd to 100 different people.'

Registrant 'sends in numerous requests for domain names with derivatives of well known brand names'

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Old 19-11-2007, 04:01:31 PM     #5 (permalink)

 
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Fred you say 'Complainant sends in 100 Speculative DRS Complaints for 100 different domains reg'd to 100 different people.'

Registrant 'sends in numerous requests for domain names with derivatives of well known brand names'

Lee
The 2 are not directly comparable

My example is talking about abusing a sytem that is in place.
Nominet DO NOT have to decide any rights issues. The complainent in my example didn't even claim any rights!

Your example is about someone abusing the rights of a third party.
Nominet WOULD have to decide if there is a possible abuse of rights.
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Old 19-11-2007, 05:47:09 PM     #6 (permalink)

 
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wrong

Thats wrong....

well known brand finds out that several registrants have been purchasing domain names that they are derivative of their brand name.....as a result they fire in 100 claims accross several registrants...

In this case Nominet will have to refer it to an expert cause, as you say, they do not look at rights

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Old 19-11-2007, 05:59:01 PM     #7 (permalink)

 
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Thats wrong....

well known brand finds out that several registrants have been purchasing domain names that they are derivative of their brand name.....as a result they fire in 100 claims accross several registrants...

In this case Nominet will have to refer it to an expert cause, as you say, they do not look at rights

Lee
and your point is what exactly?

How does that have anything to do with Nominet passing a complaint, which would otherwise have gone to default transfer, to the Expert when they feel the CLAIM is abusive (not the domain registration/use)
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Old 19-11-2007, 06:46:31 PM     #8 (permalink)

 
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two standards

The point is Nominet must make sure that known brand names who put in several complaints get referred in the same way as unknown complainants ....in actual fact the most well known brand names will be open to the most abuse by registrants and therefore will submit the most complaints......this in turn will make the default transfer not so default..............

example is rbs.....simple question fred and they you will have the answer.....Would RBS be referred to the expert?

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Old 19-11-2007, 06:46:58 PM     #9 (permalink)

 
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Could I just point out that the DRS Default Transfer proposal attracted little support from those who took part in the consultation - so it is to be hoped that it is kicked into the long grass anyway.
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Old 19-11-2007, 06:48:40 PM     #10 (permalink)

 
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verify

Beasty can you verify the recycle.co.uk sale?

Lee
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